July 12, 2011

After all the yelling that has gone on around the Wisconsin Capitol this year, I can't believe a man got arrested for loudly criticizing art! And our rag of a local paper, the Capitol Times, presents the story as if it's funny, as if the man — a homeless man — is some sort of clown and as if he had no right to express his opinions in public:

William Zamie, 62, no permanent address, was arrested on two counts of disorderly conduct and resisting arrest at about 3:12 p.m. Sunday on North Carroll Street on Capitol Square, Madison police said.

According to a police news release, a jewelry maker from Florida flagged down a police officer Sunday afternoon because Zamie was yelling derogatory remarks to potential customers after he had slept most of the day on the bench behind the jewelry maker's display.

"He said the artist 'was not selling real art' and the handmade jewelry was really 'mass-produced junk,'" said police spokesman Joel DeSpain.

The critic then entered the artist's tent to continue his harangue.

"He told a customer 'all these artists steal from each other and what you are buying isn't real art,'" DeSpain said.

Zamie's free speech rights do not depend on whether he was speaking the truth, but from what I saw at the art fair, he was.

47 comments:

Isn't it an act of kindness to arrest a homeless person? They'll get a bed. And, a meal. At least.

But what do they do with his shopping cart? /s

Now that the sarcasm button is off ... I'll bet they arrested the homeless person because he terrified someone just by being there? And, the cops don't want to be reported as not keeping the streets of Madison safe enough from homeless people?

Plus, cops get to do paperwork. Which is better, all around, then when their handing pedestrians tickets for jay walking.

WI Statute 947.01: Disorderly Conduct. Whoever, In A Public Or Private Place, Engages In Violent, Abusive, Indecent, Profane, Boisterous, Unreasonably Loud, Or Otherwise Disorderly Conduct Under Circumstances In Which The Conduct Tends To Cause Or Provoke A Disturbance Is Guilty Of A Class B Misdemeanor.

So what's your beef Prof? This isn't a freedom of speech issue. Especially when this happens:

I'm not very tolerant of aggressive street people. I've seen an increase of in your face shit from them in Madison recently. We're not in SF territory yet but trending that way. However, I did a quick CCAP check and this guy does not have a record, so presumably he's not a chronic problem. If a person walked into my uncle's restaurant and went on a rant I can assure you the cops wouldn't have been needed! I guess I would need more details but I tend to side w/ the business. And, I'm certainly no fan of the Cap Times.

AA: " And our rag of a local paper, the Capitol Times, presents the story as if it's funny, as if the man — a homeless man — is some sort of clown and as if he had no right to express his opinions in public:"

How the hell do you come to that opinion? Is this garage mahal in blond wig?

I've always been amused at the amount of MiCC** sold at "craft" fairs.

Nonetheless, I don't see how his actions are protected as 'free speech.' Truth may be a defense against an accusaton of libel, but I doubt it gives one the right to remain in a vendor's tent/booth after being asked to leave.

ndspinelli said... "I'm not very tolerant of aggressive street people."

He shouldn't be subjected to different law than the protesters complaining about Scott Walker. That would be viewpoint discrimination. And he doesn't get different treatment because of his apparent characteristic of being a "street person."

"I've seen an increase of in your face shit from them in Madison recently."

Why he in somebody's face in some different way that other people have been over the past year? Or was he just hurting the business of the artist who didn't want the stuff she was selling criticized. Scott Walker probably didn't like having the stuff he was selling criticized, but 1000s of people shouted about it wildly for weeks on end. Why weren't they arrested?

"If a person walked into my uncle's restaurant and went on a rant I can assure you the cops wouldn't have been needed!"

The artist was selling her wares on the sidewalk of the most important free speech forum in the state. It's not your uncle's restaurant.

If you want to control the environment, rent a storefront. If you want to ply your wares on the street, deal with the free speech of the street.

Did the man do something more? The Cap Times does not say so. They seem to think he's a marginal character who can be dragged into custody because he's expressing unpleasant ideas (which were probably true!).

Well gee professor, the protestors were engaging in political speech..the holy grail of free speech. This guy was being an art[or lack thereof] critic. Your disdain for the art fair and the Cap Times is in the record and duly noted. Maybe you can represent Mr. Zamie although no charges have yet been filed. That doesn't preclude you filing a civil complaint on his behalf.

Seriously though...as much as I hate race baiters, they do have a point. Middle and upper class white folk can get away with a lot of stuff poor persons of color can't. And this man-who-is- between-homes can't do the same things that the screamers in the capital did this spring.

He shouldn't be subjected to different law than the protesters complaining about Scott Walker. That would be viewpoint discrimination. And he doesn't get different treatment because of his apparent characteristic of being a "street person."

"I've seen an increase of in your face shit from them in Madison recently."

Why he in somebody's face in some different way that other people have been over the past year? Or was he just hurting the business of the artist who didn't want the stuff she was selling criticized. Scott Walker probably didn't like having the stuff he was selling criticized, but 1000s of people shouted about it wildly for weeks on end. Why weren't they arrested?

"If a person walked into my uncle's restaurant and went on a rant I can assure you the cops wouldn't have been needed!"

The artist was selling her wares on the sidewalk of the most important free speech forum in the state. It's not your uncle's restaurant.

If you want to control the environment, rent a storefront. If you want to ply your wares on the street, deal with the free speech of the street.

Did the man do something more? The Cap Times does not say so. They seem to think he's a marginal character who can be dragged into custody because he's expressing unpleasant ideas (which were probably true!).

Overly aggressive homeless people are a problem in lots of cities. They undermine the ability for everyone else to have some degree of decent public space and shouldn't be tolerated. If he was arrested just for criticizing bad art, obviously that's unacceptable, but it sounds like the problem was that he was an obnoxious, vaguely threatening bum who was causing a disturbance, and the message being sent was ancillary. Lock him up.

Did you take into account that the alleged crime took place "in the most important free speech forum in the state." Because apparently that's a critical legal issue.

Heh. I guess I didn't take that into account. The Wisconsin Legislature named a particular place to be "the most important free speech forum in the state"? Those crazy cheeseheads! What will they think of next?

"He shouldn't be subjected to different law than the protesters complaining about Scott Walker. That would be viewpoint discrimination."

Come on, Ann.

This isn't about viewpoints.

It's about who is friends with the police union and who isn't.

The Democrat Party protestors enjoy police protection because that's the way the Mafia works.

The corrupt police don't care what this guy is saying. In that sense, they are viewpoint neutral. If you're not union and they're not with you - then they're going to arrest you for vagrancy regardless of what viewpoint you take.

I wish Mark Twain was still alive, I miss him so much at times like this. I know William. He is my brother. And you would have to have been present at the time to understand why the police felt it would be safer to arrest him. He is bipolar. Carol Herman said it best: "Isn't it an act of kindness to arrest a homeless person? They'll get a bed. And, a meal. At least." And maybe some medical treatment. Especially when that person will not give up the freedom to do whatever the hell he wants, whenever and wherever the hell he wants to do it, whatever the fallout to the people around him. I urge you to take him home, Ms. Althouse.

"If GOP demonstrations got that rowdy, they'd be cellmates with the homeless dude."

"This isn't about viewpoints. It's about who is friends with the police union and who isn't. The Democrat Party protestors enjoy police protection because that's the way the Mafia works. The corrupt police don't care what this guy is saying. In that sense, they are viewpoint neutral. If you're not union and they're not with you - then they're going to arrest you for vagrancy regardless of what viewpoint you take."

I saw Vicki McK yelling&screaming at the Tea Party rally and she wasn't arrested. I also saw a bunch of Klansmen yelling and shouting at their rally, and they weren't arrested.

Zamie, the homeless man, at first sat on a bench BY the jewelers stall.

The stall is referred to as a tent.

And, to do his yelling, Zamie walked INTO the tent. That's not city property. That is RENTED SPACE.

The man from Florida had to know there was going to be an art fair! This had to have been advertised in some way ... in order to attract those who sell their wares at art fairs.

Homeless people who want to be left alone should learn to STOP threatening behaviors ... unless they want the arrest ... to have a clean bed and a free meal. Like a hotel. Sort'a. Not a 1st Amendment issue. Also, IF he was pushing a cart with his belongings in it ... then that was THEFT. Those carts aren't free. And, they're not supposed to be removed from a store's parking lot.

Zamie wasn't in a store's parking lot. (Which would be subject to the rules that a store owner can decide not to serve you ... And, to throw you out.)

Why he in somebody's face in some different way that other people have been over the past year? Or was he just hurting the business of the artist who didn't want the stuff she was selling criticized. Scott Walker probably didn't like having the stuff he was selling criticized, but 1000s of people shouted about it wildly for weeks on end. Why weren't they arrested?

You're a Constitutional Law professor and you make a fundamentally wrong statement like this?! What brand of Constitutional Law do you teach.

There is a vast difference between spirited political debate and an apparently not-quite-sane old man screaming at a vendor who is trying to make a living.

Sorry you felt you were harangued, but you have used your quite public forum to severely criticize the anti-Walker protesters for the last year)

The artist was selling her wares on the sidewalk of the most important free speech forum in the state. It's not your uncle's restaurant.

The artist rented the space for the fair (the booth fee for the fair is $462). The fair is also juried by the Madison Museum of Contemporary Art. I highly doubt that anyone passing off "Chinese junk" as original art would make it through the jury process.